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(1) If a public employer and a labor organization have a dispute over the negotiation of a new or expired CBA, one or both of the parties shall file a written petition with the board for interest mediation.

(2) The petition shall be filed with the board pursuant to ARM 24.26.242 and ARM 24.26.244. The petition shall contain:

(a) the name, address, and telephone number of the labor organization and the organization's authorized representative;

(b) the name, address, and telephone number of the public employer;

(c) a description of the unit involved;

(d) a description of the dispute in detail;

(e) a statement as to what assistance is requested; and

(f) a statement indicating if the request is unilateral or joint.

(3) A petition may be withdrawn with the consent of the board.

(4) Upon petition for interest mediation, department staff shall designate a qualified board agent to mediate the dispute. Upon the written request of both parties, department staff may instead request a mediator from the federal mediation and conciliation service, if one is available.

(5) All communications, oral or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential. Such matters shall not be disclosed to a non-party to the mediation.

(6) The mediator shall not testify or produce any confidential records or evidence with regard to any mediation to a non-party without written consent of all parties or in any proceeding before any court, board, investigatory body, arbitrator, or fact finder.

(7) The mediator may hold separate or joint meetings with the parties or their representatives. Unless otherwise required by the constitution, mediations pursuant to this rule shall be held in private unless both parties agree in writing to waive private meetings.


History: 39-31-104, 39-32-103, MCA; IMP, 39-31-307, 39-31-308, 39-32-112, MCA; NEW, Eff. 6/4/74; AMD, 1984 MAR p. 599, Eff. 4/13/84; AMD, 1993 MAR p. 3026 and 2017 MAR p. 187, Eff. 1/1/94; TRANS from ARM 24.26.695 and AMD, 2020 MAR p. 2422, Eff. 12/25/20.

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